There are 3 major sections to the accident claim process: The accident’s occurrence, the settlement and the lawsuit.
What aspects of the accident’s occurrence get studied closely during the accident claim process?
The actions of the defendant and the plaintiff during the moments leading up to that studied incident
—Was either of them negligent?
—Had either of them violated any rules?
Were there any witnesses to that particular incident?
Where did the victim go to seek medical attention? Has the victim followed the doctor’s prescribed treatment?
What questions must be answered during the period before the settlement?
A consultation with an injury attorney in Cornwall should help with answering this question: Does the plaintiff have a genuine case?
Plaintiff’s attorney poses questions to defendant’s legal team. The attorney for the defendant might allege that the plaintiff should be charged with shared blame. The plaintiff’s lawyer would have the right to challenge such an allegation. Claimants that do not challenge such an allegation usually receive a lower-than-expected compensation package.
If negotiations fail to lead to an agreement between the opposing sides, the plaintiff might opt for initiating a lawsuit.
If the 2 sides have refused to take part in a mediation session, litigation would be the only option.
The lawyers from both sides question witnesses from both sides at a discovery session, and again at a trial.
The plaintiff’s lawyer should arrange for testimony from expert witnesses.
A ruling could come from the judge or from the jury.
What sort of situation could cause a halt in negotiations?
The defendant’s team has alleged that the evidence supports a charge of shared blame, on behalf of the plaintiff. The plaintiff’s report on the nature of the accident-linked injuries has appeared to lack a firm basis in the defendant lawyer’s eyes. That report seems to have exaggerated the serious level of the victim’s injuries.
The exposure of certain facts has caused the creditability of one or more witnesses to be questioned. Questions about the size of the plaintiff’s earnings: That could hold-up the negotiations if the plaintiff had earned money as a self-employed professional.